BOARD DATE: 23 October 2014 DOCKET NUMBER: AR20140004338 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rank and pay grade as SP5/E-5. 2. The applicant states that he was promoted to the pay grade of E-5 while in Vietnam and it was never added to his DD Form 214. 3. The applicant provides copies of his discharge orders and certificate and DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Kansas Army National Guard (KSARNG) on 31 January 1966 for a period of 6 years. He completed his training and was assigned to the 995th Ordnance Company. He was advanced to the pay grade of E-4 on 1 April 1968. 3. On 13 May 1968, he was involuntarily ordered to active duty with his unit for a period of 24 months. He transferred to Vietnam with his unit on 20 March 1969. 4. He departed Vietnam on 1 September 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 4 September 1969 to attend school. 5. A review of his official records failed to show any evidence of the applicant being promoted to the pay grade of E-5. 6. The discharge orders and certificate provided by the applicant show he was honorably discharged from the U.S. Army Reserve in the rank/grade of SP5/E-5. DISCUSSION AND CONCLUSIONS: 1. While the sincerity of the applicant’s claim that he was promoted to the pay grade of E-5 while in Vietnam is not in doubt, the available records do not contain and the applicant has not provided promotion orders showing his advancement to the pay grade of E-5. 2. Therefore, in the absence of such evidence, there appears to be no basis to grant his request to change his DD Form 214 to reflect promotion to the pay grade of E-5. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ __X______ _X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140004338 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004338 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1